Tag Archives: Wisconsin

Wisconsin Supreme Court Reinforces its Stand Against the Enforcement of Waivers

By Doyice Cotten

Several liability waivers have been enforced by Wisconsin appellate courts over the years; more important, however, is the fact that the Wisconsin Supreme Court has never enforced a liability waiver. With the advent of Roberts v. T.H.E. Insurance Company (2016), that record is still intact.

Patti Roberts attended a charity event at which Sundog Ballooning, LLC, offered tethered hot air balloon rides. After watching the event for a few minutes, Roberts decided to take a ride.

First-Aid Training? Won’t That Increase My Organization’s Legal Liability Risk?

By Alexander “Sandie” Pendleton

A reader of my website, ReleaseLaw.com recently raised the following question:

Suppose a recreational business is trying to decide whether it should institute a new policy, requiring its employees to receive first-aid training. The worry or concern the business has, however, is that if it arranges for such training, and one of its employees then provides first aid unsuccessfully or inadequately, is that going to result in the business getting sued,

Wisconsin Court Enforces Ski Park’s Waiver

By Alexander “Sandie” Pendleton

of Pendleton Legal, S.C.

This article was originally published on ReleaseLaw.com. The author, Alexander “Sandie” Pendleton, frequently speaks and writes on recreational legal risk-management issues. Sandie, a regular and valued contributor to Sportwaiver.com has recently started his own firm. We wish him success.


In a decision issued September 11, 2013, a Wisconsin trial court has enforced a ski park’s waiver. The case is significant,

Drafting Waiver Agreements for Use in Wisconsin: It’s Not Getting Any Easier

Alexander (Sandie) Pendleton

Kohner, Mann & Kailas, S.C.

The Wisconsin Court of Appeals has issued a decision that has implications for all businesses and organizations that use waiver agreements in Wisconsin.  In Brooten v. Hickok Rehabilation Services (issued April 30, 2013, recommended for publication), the court of appeals held void a waiver agreement that had been signed by an individual who joined a health club,

Wisconsin Court Holds Recreational Immunity Statute Protects Club That Maintains Recreational Trails

By Alexander “Sandie” Pendleton of KMK

On March 1, 2011, the Wisconsin Court of Appeals upheld a lower court decision granting summary judgment to a snowmobile club and county government that jointly maintained a northern Wisconsin snowmobile trail system.

The case, Milton v. Washburn County, arose out of a snowmobile accident that occurred when the plaintiff and his passenger unexpectedly encountered a locked gate on an “access trail” leading to and from the main trail system.

Wisconsin Court Rules Waiver Signed by Race Participants Enforceable

Alexander “Sandie” Pendleton

Thanks to Sandie Pendleton for this up-to-the-minute look at Wisconsin waiver law. This article first appeared at Sandie Pendleton’s sports-law related website www.releaselaw.com.

On February 10, 2011, the Wisconsin Court of Appeals held enforceable a waiver signed by two subsequently-injured participants at an auto race.

The case, Beer v. La Crosse County Agricultural Society, arose out of a race held at the La Crosse County fairgrounds.